Rethinking Disputes


Book Description

This collection of essays is designed as an introduction to mediation and the use of mediation processes for anyone interested in the field of alternative dispute resolution. The task of the mediator in mediation is to facilitate an agreement between the disputing parties. These essays review the use and practice of mediation in relation to a wide range of fields, including family law, crime, compensation for personal injuries, business disputes, building and construction law, the environment and labour relations. Papers are alsoincluded which aim to orientate the reader to the principles of mediation and interest-based dispute resolution and the issues these raise for the future of conflict resolution services, including ethical issues in mediation, mediation training, and the present and future development of mediation services within organizations, communities and the court system.




Rethinking Peace Mediation


Book Description

Written by international practitioners and scholars, this pioneering work offers important insights into peace mediation practice today and the role of third parties in the resolution of armed conflicts. The authors reveal how peace mediation has developed into a complex arena and how multifaceted assistance has become an indispensable part of it. Offering unique reflections on the new frameworks set out by the UN, they look at the challenges and opportunities of third-party involvement. With its policy focus and real-world examples from across the globe, this is essential reading for researchers of peace and conflict studies, and a go-to reference point for advisors involved in peace processes.




Rethinking Peace Mediation


Book Description

Written by international practitioners and scholars, this pioneering work offers important insights into peace mediation practice today and the role of third parties in the resolution of armed conflicts. The authors reveal how peace mediation has developed into a complex arena and how multifaceted assistance has become an indispensable part of it. Offering unique reflections on the new frameworks set out by the UN, they look at the challenges and opportunities of third-party involvement. With its policy focus and real-world examples from across the globe, this is essential reading for researchers of peace and conflict studies, and a go-to reference point for advisors involved in peace processes.




Rethinking Media Coverage


Book Description

In the post-9/11 era, media technologies have become increasingly intertwined with vertical power as airwaves, airports, air space, and orbit have been commandeered to support national security and defense. In this book, Lisa Parks develops the concept of vertical mediation to explore how audiovisual cultures enact and infer power relations far beyond the screen. Focusing on TV news, airport checkpoints, satellite imagery, and drone media, Parks demonstrates how "coverage" makes vertical space intelligible to global publics in new ways and powerfully reveals what is at stake in controlling it.




Rethinking Mediation


Book Description




Divorced from Reality


Book Description

Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.




Divorced from Reality


Book Description

"Over the past thirty years, there has been a dramatic shift in the way the legal system approaches family disputes. Traditionally, family disputes were resolved through an 'adversary' system: opposing parties appealed to a judge who determined which party was at fault and how the marital assets - including the children - should be divided. Now, many family courts are opting for a 'problem-solving' model in which courts attempt to restructure families by resolving both legal and nonlegal issues. At the same time, American families have changed dramatically. Divorce rates have slowed, while the number of children born and raised outside of marriage has increased sharply. Grandparents and same-sex partners care for children, and more fathers seek an active role in their children's lives. As a result, families in today's court system have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current 'problem-solving' model fails to address the realities of today's families. While today's dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties - a model that fits poorly with the realities of today's disputing families. And courts may no longer be the best place for families in conflict. To serve the families it is meant to help, the legal system must adapt and reshape itself"--Unedited summary from book jacket.




Rethinking Mediation


Book Description




The Era of Private Peacemakers


Book Description

The field of peacemaking is in turbulent change. There are more peacemaking actors than before but fewer success stories, and an increasing number of violent conflicts tend to resist negotiated agreements. Tools and practices created for traditional inter- and intra-state conflicts have become ineffective and revision of old mediation practices is called for. This book examines how the private peacemaking organisations have faced this challenge. In the 21st century, private peacemakers have become a central part of peace diplomacy and have appeared as flexible actors whose innovative thinking paves the way for reconsidering and reinventing old practices of mediation. Instead of emphasizing the act of resolution, a new emphasis is given to the transformation of violence into a peace system, the complexity of conflict and the inadequateness of rational management. Furthermore, this shift has brought civic society actors from the field of reconciliation to the field of peace mediation. This new pragmatic approach under development can be called dialogic mediation.




Rethinking Family Mediation


Book Description

Over several decades, policies have made mediation a key part of the English and Welsh family justice system. As the process faces increasing demand from a diverse and complex client base, some argue for a return to a fully funded court system. However, this dominant view overlooks the longstanding problems with the court process, as well as the potential value of mediation. This book, based on original research, highlights the evolving role of mediators who assist families without legal support. By doing so, it reveals a contemporary vision of family justice that addresses some of the challenges in today’s landscape.